(1.) Wp(Md)No.3570 of 2017
(2.) Assailing the impugned order, it is contended that the petitioner was appointed on 26.10.1992 in the secondary grade post and posted at R.C.Elementary School, Barbarammalpuram under the control of R.C.Management School, Tuticorin Diocese. The said school is a minority educational institution and it is also stated that her appointment was also approved. Thereafter, she was transferred to the 3rd respondent school on 16.03.1994. At that time, the 3rd respondent school was only a Middle School. Subsequently, the 3rd respondent school was upgraded as High School in the year 1998. However, Standards IX and X were under the self financing scheme and Standards VI to VIII were all fully aided.
(3.) While so, Mr.Pauldurai, who is working in the 3rd respondent school as a Secondary Grade Teacher in Middle School Section, reached the age of superannuation and relieved from service on 31.05.2012. As the said teacher worked in the Middle School section namely, from Standards VI to VIII, as per the policy decision of the Government and as per the Rule subsequently amended, the post was automatically upgraded as B.T. Assistant, therefore, the petitioner was promoted and appointed as B.T. Assistant on 01.06.2012. On this basis, a proposal was sent to the 1st respondent on 25.07.2012, but the 1st respondent returned the same with a direction to re-submit the proposal enclosing the relieving order of the retired teacher Mr.Pauldurai. On receipt of the same, the 3rd respondent school also re-submitted the proposal enclosing the relieving order of the said teacher to the 1st respondent. However, finding no response, reminder was sent on 16.09.2015.